911 Service Limitations & Disclosure Notice
1.0 Hammer Solutions Inc’s (HSI) Hosted VoIP Service 911 capabilities are subject to the following limitations and terms of service.
E911 Disclosure Notice
2.0 EMERGENCY SERVICES – E911 CALLING
2.1 Non-Availability of Traditional 911 or E911 Calling Service
HSI E911 Service is a mandatory component of all HSI services (“HSI Service” or “HSI Services”). HSI E911 Service enables Customers to communicate with emergency services by dialing 911. By signing an order form for HSI Services the Customer acknowledges and agrees however that HSI 911 Service is different in important ways from traditional landline 911 and cellular/wireless 911. HSI E911 services may not be sufficient to meet the needs of every Customer. Customer acknowledges that it is Customer’s responsibility to determine the technology or combination of technologies best suited to meet Customer’s emergency calling needs and to make any arrangements necessary to access such services. Customer therefore acknowledges and agrees that the HSI Service does NOT support traditional 911 or E911 access to emergency services. Customer shall inform ALL employees, staff, users, and other third persons who may be present at Customer’s physical location(s) where Customer uses HSI Service of the non-availability of traditional 911 or E911 dialing and access from HSI Service and equipment. If Customer activates HSI emergency dialing service, Customer shall inform ALL employees, staff, and users.
2.2 Description of Emergency Dialing Capabilities
(a) HSI offers emergency dialing service in the United States (but may not offer such service in all areas of the United States) that is different in a number of important ways from traditional 911 service. Customer acknowledges and agrees that 911 emergency dialing is NOT automatic. Customer must affirmatively and successfully activate the 911 emergency dialing features by following the instructions provided by HSI. When Customer dials 911, the 911 call is routed from HSI’s network to the Public Safety Answering Point (PSAP) or local emergency service personnel designated for the physical address Customer provided HSI at the time of activation of Service and/or as updated by Customer in the HSI web Customer Portal. Customer acknowledges and agrees that 911 calls made via HSI Service may be routed to the general telephone number for the PSAP or local emergency service provider, and may not be routed to the 911 dispatcher(s) who is specifically designated to receive incoming 911 calls using traditional 911 dialing.
(b) HSI relies on third parties for the forwarding of information underlying such routing and, accordingly, HSI and HSI’ s third party service provider(s) disclaim any and all liability or responsibility in the event any such information or routing is incorrect. As described herein, this emergency dialing on HSI Service is NOT the same as traditional 911 or E911 calling, and does not necessarily include all of the capabilities of traditional 911 dialing. Neither HSI nor HSI’s officers, directors, employees, agents, suppliers, contractors, or vendors shall be held liable for any claim, damage, or loss, and Customer hereby waives any and all such claims, causes of action, liability, and damages arising from or relating to emergency dialing unless such claim, damage, cause of action, or loss directly results from HSI’s gross negligence or intentional misconduct. Customer shall indemnify and hold harmless HSI and HSI’ s officers, directors, employees, agents, suppliers, contractors, or vendors from any claim, cause of action, liability, or loss arising out of or related to misrouting of or inability to make emergency calls, including, without limitation, Customer’s failure to follow correct activation procedures for 911 emergency calling or Customer supplying HSI or any of its third party service providers with any inaccurate, outdated, or incorrect information in connection therewith.
2.3 Service Outage
2.3.1 Power Failure or Disruption
Customer acknowledges and agrees that emergency dialing will not function in the event of a power failure or disruption. If there is an interruption in the power supply, a power surge, or a power failure, the Service and emergency dialing will not function until power is restored. Customer acknowledges and agrees that a power failure, power surge, or power disruption may require Customer to reset or reconfigure equipment prior to using the Service or being able to make emergency 911 calls.
2.3.2 Service Suspension or Termination by HSI
Customer acknowledges and agrees that a Service outage or suspension (including, without limitation, suspension of Service due to billing issues or delinquent or unpaid invoices) or termination of Service by HSI will prevent ALL Service, including the ability to make emergency 911 calls.
2.3.3 Other Service Outages
Customer acknowledges and agrees that if there is a Service outage for ANY reason; such outage will prevent ALL Service, including the ability to make emergency 911 calls. Such outage may occur for a variety of reasons, including, without limitation, those reasons described elsewhere in this E911 Disclosure Notice or the HSI Terms of Service posted at www.HSI.com/terms-of-service.
2.3.4 Limitation of Liability and Indemnification
CUSTOMER SHALL PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS HAMMER SOLUTIONS INC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THE HSI SERVICE, FROM ANY AND ALL CLAIMS, LAWSUITS, LOSSES, DAMAGES, LIABILITY, FINES, PENALTIES, COSTS, AND EXPENSES INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND COSTS, ARISING FROM, OR RELATED TO, ANY ABSENCE, FAILURE, OR OUTAGE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, EMERGENCY 911 CALLING AND/OR INABILITY OF CUSTOMER OR ANY CUSTOMER EMPLOYEE, THIRD PERSON OR PARTY, OR USER OF HSI’S SERVICE TO BE ABLE TO CALL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL. IN NO EVENT SHALL HSI BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES RELATED TO CUSTOMER’S USE OF OR INABILITY TO USE E911 SERVICES. Customer agrees and acknowledges that HSI has entered into the Terms of Service /or any other agreement or service order with Customer and is providing its Service in reliance upon the limitations and exclusions of liability and the disclaimers set forth in this E911 Disclosure Notice, including, without limitation, this Section and the HSI Terms of Service, and that the same form an essential basis of the agreement between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in the Order Form and this E911 Disclosure Notice, including, without limitation, this Section, shall survive and apply even if found to have failed their essential purpose; and Customer hereby waives its right to contest the enforceability of any provision of this E911 Disclosure Notice by reason of such failure.
2.4 Registered Location
2.4.1 Registered Location Required
All Customers ARE REQUIRED TO REGISTER THE PHYSICAL LOCATION OF THEIR EQUIPMENT WITH HSI, either through HSI’s support web portal or by calling HSI customer service 479-431-6890. Customer agrees to ensure that the physical location of its equipment is correct and to update immediately the location whenever the physical location of the service changes. Customer acknowledges and understands that any location information passed to emergency personnel by HSI will be based upon the physical location provided by Customer to HSI.
USE OF HSI’S SERVICE OUTSIDE THE UNITED STATES.
CUSTOMER ACKNOWLEDGES THAT ANY CALLER USING THE SERVICE FROM ANY LOCATION OUTSIDE THE UNITED STATES WILL BE UNABLE TO USE OR ACCESS E911 SERVICE OR PLACE ANY E911 EMERGENCY CALLS.
2.4.2 Failure to Designate and Identify the Correct Physical Address When Activating 911
Customer acknowledges and agrees that Customer’s failure to provide and keep current Customer’s correct physical location(s) will result in any 911 call or other emergency communication made by Customer and/or from Customer’s actual location (if different from the location previously supplied to HSI by Customer) being routed to the incorrect local emergency service provider. Customer’s physical location(s) may NOT be a post office box, mail drop, or similar address. Neither HSI nor Customer shall assume under any circumstances that Customer’s physical office location for emergency 911 calling purposes is the same as Customer’s billing address for receipt of invoices.
Customer further agrees as follows:
2.4.3 Re-Activation Required in Event of Change, Add or Port New Numbers
Customer acknowledges and agrees that emergency 911 calls do not function with respect to telephone numbers that Customer changes, adds, and/or ports to Customer’s HSI account unless and until Customer successfully activates the 911 calling feature for each such changed, newly added, and newly ported telephone number. Even if Customer successfully activates 911 emergency dialing with other telephone numbers through which Customer receives Service from HSI, Customer acknowledges and agrees that Customer MUST separately activate emergency 911 calling for any and all changed or newly added or ported telephone number.
2.4.4 Re-Activation Required in Event of Location Change
Customer acknowledges and agrees that emergency 911 calling will not function properly or at all if Customer moves, relocates, or otherwise changes Customer’s physical office location(s) to any different street address, unless and until Customer successfully activates the emergency 911 calling capability at each such physical location. Even if Customer successfully activates emergency dialing from Customer’s previous physical office location(s), Customer acknowledges and agrees Customer MUST re-activate emergency dialing for any new physical office location. Customer acknowledges and agrees that Customer’s failure to provide HSI with Customer’s updated and correct physical office location(s) will result in any emergency 911 calls being routed to the incorrect local emergency service provider. Neither HSI nor Customer shall assume under any circumstances that Customer’s physical office location for emergency 911 calling purposes is the same as Customer’s billing address for receipt of invoices.
2.5 Automated Number Identification
Customer acknowledges and agrees that it may not be possible for the Public Safety Answering Point (PSAP) and the local emergency personnel to identify Customer’s telephone number when Customer dials 911 via HSI E911 Service. Customer acknowledges and agrees that PSAP and emergency personnel may be unable to identify Customer’s telephone number in order to call Customer back in the event that an emergency call is unable to be completed, is dropped, or disconnected, or if a caller is unable to speak to provide the telephone number from which the caller is calling, and/or if the Service is not operational for any reason including, without limitation, the reasons and situations listed elsewhere in this E911 Disclosure Notice and the HSI Terms of Service.
2.6 Automated Location Identification
Customer acknowledges and agrees that it may not be possible to transmit identification of the Customer physical office location address to the PSAP and local emergency personnel for Customer’s area when Customer or any caller at Customer’s premises dials 911. Customer acknowledges and agrees that a caller must state the nature of the emergency promptly and clearly, including the caller’s specific physical location, as PSAP and emergency personnel may NOT have this information. Customer acknowledges and agrees that PSAP and emergency personnel may not be able to find a caller’s location if the call is unable to be completed, is dropped, or disconnected, or if the caller is unable to speak to provide the location from which the caller is calling and/or if the Service is not operational for any reason including, without limitation, those reasons and situations listed elsewhere in this E911 Disclosure Notice.
2.7 Alternative 911 Arrangements
Customer acknowledges and agrees that HSI does not offer primary line or lifeline services. HSI strongly urges Customer to always maintain means of accessing traditional E911 emergency services from all Customer locations and take appropriate measures and precautions to ensure such emergency services are available to Customer and callers at Customer’s premises. Customer should always open a ticket at firstname.lastname@example.org or call 479-431-6890 to maintain updated E911 information with HSI.